has departed from the Throne, and that his reign over us ceafes. If the Lords are of opinion that the reign of King James is ceafed, we are all agreed. The Lords fay, he shall never return again; they are not for his returning again to his Government: I am not for the Monarchy of a Child; I am not for one to fubvert the Laws of the Government. If this may be done by the Lords and the Commons, I would agree.

The Question being put, That this Houfe do agree with the Lords in the fecond Amendment, it paffed in the Negative, 282 to 151. [A free Conference was defired.]

Wednesday, February 6.

Sir William Waller attended the House, and gave this ac count of Mr Brent, viz. "That, by common fame, Mr Brent was a very obnoxious perfon. He went to Sir James Smith, and informed him, that he was a great criminal, and defired his Warrant to apprehend him. Accordingly he was apprehended, and he defired Monfieur Bentinck to acquaint the Prince of Orange with it. Mr Harbord brought him word, that the Prince would have him proceed against him as the Law would bear. He took Major Wildman's advice: He could not charge him but upon common fame, and, in general, that he was an obnoxious per fon, and correfponded with Priefts and Jesuits, and was bufy in regulating Corporations; the truth of which was notorious, and doubted not but to produce evidence of it. He faid, he could not commit him to Newgate, but would to the Marshalfea. He told him, Mr Bradon might probably make fomething out against him. He afked Smith what was become of the Prisoner? He told him he had great friends of fome Lords, who would appear for him, and he could not refuse him Bail. Thofe Lords he had done fome kindness to, and they had fent to him."

Sir James Smith brought a copy of the Bail, and the Mittimus, viz. "To receive Brent into cuftody for High Treason, in correfponding with Priefts and Jefuits, and fubverting the Government, in advifing Quo Warrantos against Corporations." There was no proof made of any particular thing against him, more than what was brought in by Waller.

The Speaker.] High Treafon is particular matter, and you cannot bail a perfon fo charged, by the Statute VOL. IX. F

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of Westminster. Treafon is not bailable but by twở Juftices of the Peace.

Sir James Smith.] Waller undertook, that perfons fhould accuse him; and I committed him in the mean time.

The Speaker. You fay, "Great perfons appeared and wrote for him:" What did they write, and by whom was it written?

Sir James Smith.] Lord Devonshire and Lord Danby were friends to Brent, and they defired me to bail him.

The Speaker.] You took finall Bail for a person so accused.

Sir James Smith.] I took 1500l. Bail in all, which I did by the advice of the Recorder, who faid, 1000l. Bail for Brent, and 500 l. for the Sureties, was fufficient. At prefent, I do not remember the person who came to me from the Lords, but had feen him several times. I did not afk his name.

Sir Robert Cotton.] It concerns me, for the fatiffaction of the Houfe, to remind you of raifing Bail to an exceffive height in Lord Delamere's cafe, and abating it in this.

Sir William Williams.] I would have an account from Smith, or fome defcription, of the perfon who came from these Lords.

Sir Robert Cotton.] Lord Delamere was accused of Treason in the King's-Bench. I was one of his Sureties in 10,000 l. Bond. He was afterwards' committed to the Tower, and brought his Habeas Corpus, and then was bailed in 20,000 l. Bond, with Sureties; and Smith has bailed Brent in this fmall fum. This rifing and falling of Bail is remarkable.

Sir William Portman.] Brent is a notorious offender, and I look on him as the author of much of our mifchief, and I hope you will make him an example.

Sir George Treby.*] I was in hopes you would have called me to rife, because my name has been used by Smith. I will give you a true account of this matter. Coming out of the Court of Aldermen, Smith asked

*Recorder of London.

me

me "what he should do with Brent, whether he should bail him? There was a great complaint against him, but no Evidence: Whether he fhould bail him, or no, and what Bail he should take ?" I told him, I wondered there fhould be no Evidence. I advised him to keep him in prison for a reasonable time, and give notice to the Profecutor to bring Evidence. "You may apprehend him, and keep him in cuftody till the Profecutor produce his Evidence, and Examination had but longer than that you must not detain him. And this not being pursued, he must be bailed, and, in strictness, he ought to be discharged. In ali Bail, the Condition of the perfon is to be proportioned. If there be no Charge upon Oath, the Bail may be the lefs. If he be kept a reasonable time, and no Profecutor appears, it is reasonable to bail him." The cafe appears thus to be: A man charged or chargeable with Treason, the Profecutor brings no Evidence, nor can have any. If I had faid more, I had not exceeded the Law.

The Speaker.] You find abfolutely, that the Commitment was for Treafon. If a Felony be committed, and common fame be upon a perfon, it is juftifiable to commit him. Whether Smith hath done what he fhould do in this matter, I leave it to the House to determine. I queftion whether, if he bail where it is not justifiable, he is not fineable in the King's-Bench.

Mr Carter.] The Treasons were committed in Weftminfter; and Smith needed no farther Information in general, where there was such a notoriety.

*******] Smith aggravates his crime by his Warrant, which specifies Treafon exprefsly. And he did Brent wrong, unless he had ground fufficient for it, I defire a course may be taken with him by this House.

Sir Thomas Clarges.] We cannot commit any man, but in cafe of our Privileges. As in the cafe of the Popish Plot, let fome Juftices of the Peace examine this Gentleman, and commit him.

The Speaker.] I obferve the date of the Recogni zance to be the 24th of January, two days after your fitting, &c. 'Tis ftrange he should do it at that time.

Sir George Treby.] I fee myself reflected on. I fhall anfwer for myself: I had no Fee in this cafe; and if I had, I fhould be fatisfied, when I die, that it was well taken. It has been my custom, if I could not serve a Caufe, to return that Fee. I have had the honour to be a Member in this place these twelve years. I have had offers of preferment to the best Office of the Law, coloured over with telling me I was a man of Parts and Law, and fteered to the Proteftant Religion; but I would then take no Place, and no Bribe. They preffed me farther, "Will you truly preferve the King in his Prerogative?" I not only loft all advantages for my non-compliance, but was in danger of my life too-'Twas the Queftion, "What faid the Recorder in the Popish Plot?"-I defended the Charter of London, and the cafe of the Sheriffs of London. They told me, "If you will be eafy, no Place fhall be too good for you. You fhall be Chief Juftice of Chefter, Master of the Rolls, &c." This fhows at what rate they would have purchased Betrayers of the Liberties of theirCountry. I was not only expofed to the frowns of the Court, but purchased their indignation, that I was an enemy to the King and Government. I was always against a Popish King, to get a Popish Parliament; and thought all would be destroyed, unless a Popish King was deftroyed. This I have done, and thus I have fuffered; and would not have Perjury in my pocket for the Empire of the World. After all I have done and fuffered, now to fay, "I have advised to take Fee-Bail for a Malefactor," what a little perfidious thing would this have been? I am concerned not to be reproached nor expofed for my faithfulness to the Government.

Sir Robert Clayton.] If there has been any corruption in this matter, it lies in another place. The Recorder is not fo weak as to do it. I would have Smith committed, not by us, but by a Juftice of the Peace.

Lord

Lord Falkland.] It was eafy to have had Evidence against Brent. The Letters fent to Corporations were fufficient. I would apply to the Prince, that Smith may be committed to the Tower.

Sir William Williams.] I hear it faid, "We cannot commit a Delinquent." If we do not lay hands on Smith, it may be of pernicious confequence. I would commit him to the Tower, and the Commons may justify it.

Mr Dolben.] Though I am unwilling to differ from one of my Profeffion, I cannot agree to Commitment from this House but for Breach of Privilege-I would apply to the Prince, &c.

Sir John Guife.] little, in this cafe.

I would not do too much, nor too Smith was to blame not to commit Brent for fo great crimes; and he might have ealled another Justice of the Peace to his affiftance. I would have him left in the Serjeant's hands, and I hope you will not let him flip, without putting him into the Serjeant's hands.

Sir Thomas Lee.] You are making a queftion, what Power the House has, and what to do with this manI fhall inform you of the practice in former times— In order to Impeachments, you have committed men, and when they have broken your Privilege, and in order to bring a man to the Houfe of Lords to be tried, &c.

Sir Thomas Clarges.] Several perfons were accused of High Treafon in the Popish Plot, and you fent to the Chief Juftice to examine and commit them.

Sir Thomas Lee.] I would remind Clarges, that, at the Tryal of Lord Stafford, Members withdrew to take Informations upon Oath. The confequence fell out to be, Sir William Pulteney took the Examinations, the Lords pretended Jurifdiction in it, and the House loft a point,

Mr Wild.] I was with Lord Danby and Lord Devonfire, and they say, "they never fent fuch a Meffage to Smith in their life."

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